Commissions of Investigation Act 2004

Duty to disclose substance of evidence to other witnesses, etc., and to give them a chance to comment.


12.—(1) Subject to subsection (2), a commission shall disclose to a person—

( a) who is directed to attend as a witness before the commission,

( b) who attends voluntarily to give evidence to the commission, or

( c) about whom evidence is given to the commission,

the substance of any evidence in its possession that, in its opinion, the person should be aware of for the purposes of the evidence that person may give or has given to the commission.

(2) Subsection (1) does not require the disclosure of the source of any evidence given or document produced by a witness while giving evidence in private under section 11 , unless the commission considers that, in view of the purposes of the investigation or in the interests of fair procedures, the source should be disclosed.

(3) A commission shall give a person to whom it discloses the substance of evidence under subsection (1) an opportunity to comment by written or oral submissions on the evidence.